Sukumar Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3488 of 2022 Sukumar Ray ....

Petitioner Mr. G. Mishra, Advocate -Versus - State of Odisha ....

Opp.Party Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 21.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

Learned State Counsel informs that notice has already been served on the victim/informant. There is however, no appearance from her side. Hence the bail application is taken up for hearing. 3.

The petitioner is in custody in connection with Orkel P.S. Case No.164 of 2021 corresponding to T.R. Case No.48/21(T) pending in the Court of learned Adhoc Addl. Sessions Judge (FTSC), Malkangiri for the alleged commission of offence under Sections 363/376(2)(n)/376(3) of IPC read with Section 6 (1) of POCSO Act. 4.

Considering the submission, materials on record, period of detention in custody and in particular the statement of the victim recorded under Section 164 Cr.P.C., I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

5.

BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana